UNITED APIRITS LIMITED Vs. HENKEL INDIA LIMITED

JUDGEMENT

(1.) (i) A. No. 764 of 2011:

(2.) The pleaded case of the applicant / plaintiff is that, the trademark "ARAMUSK" is the property of M/s. Shaw Wallace and Company Limited, which stood amalgamated with the applicant / plaintiff with all its assets and liabilities. The applicant / plaintiff; thus, is the registered owner of trademark "ARAMUSK", and that the defendants have no right or interest, to use the said trademark.

(3.) That M/s. Shaw Wallace & Company Ltd had entered into agreement on 22.01.1999, with M/s. Henkel Spic India Ltd., before its amalgamation with the applicant / plaintiff. The preamble of the agreement executed between M/s. Shaw Wallace & Company Ltd and M/s. Henkel Spic India Ltd. reads as follows: